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An Overview of Trademark Services

Joshua Julien Brouard

Joshua Julien Brouard

12 September 20235 min read

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Trademark services

If you've:

  • looked through enough of our resources
  • spent time on our website
  • been contemplating protecting your trademark for some time

Then you've probably wondered what legal services are available to you regarding federal trademark registration and trademarks in general. That's where we come in. In this article, we’ll explain to you what most firms can offer you regarding trademark services. 

And we'll cover how we, as Trademarkia, can help you.

Let's begin by providing you with some vital legal info:

1. Trademark registration

As you may already know, the trademark registration process is something you can go about on your own.

So why would you employ a firm to help you with filing a trademark? Well, this is because of several reasons. Consider that:

(a) The Trademark Office may take a year or longer to approve your application; it may take even longer if there is an error. 

(b) Trademark law is complex; without a trademark attorney, your application may even be rejected. 

(c) Filing a trademark that only covers some of the products or services you wish to cover may cause complications and force you to go through the trademark application process yet again.

In addition to these, Ryan Hawker, owner of H3 Homebuyers, had this to say:

As a business owner who has registered a trademark with a law firm, I can offer an informed perspective on why that route has its benefits. Going the legal route provides a level of protection and peace of mind that you simply cannot get with self-filing.

When you work with a law firm you know that you’re receiving advice from an experienced attorney and that your trademark status is being tracked by someone who knows the process and the laws inside and out.

Law firms can conduct a federal search to make sure your trademark is not infringing on someone else’s, saving you from potential litigation in the future. Additionally, legal advisors are able to provide valuable insight into different aspects of the process, like how to properly register a trademark so that it’s most effective from a legal standpoint.

In short, registering with a law firm offers the reassurance that an experienced legal advisor is there to ensure the process is done correctly and that the trademark is registered correctly and adequately protected.

As you can see, while you can file a trademark application on your own, it's typically advised that you don't. According to the Trademark Office, trademark registration can take 12-18 months. So, getting it right the first time is paramount.

And if you're still wondering why you should even register your trademark, we have the answer:

Use our trademark registration service and get a free logo design (applicable as of the time of writing this). The cost? Our service fee plus government filing fees.

If you're thinking that you can already conduct this search yourself, think again. A comprehensive mark search should be distinguished from a regular trademark search, such as that which is available on our website.

Comprehensive trademark searches are a lot more in-depth and look at:

  • pending trademarks
  • federal and state registered trademarks
  • common law databases
  • state citations
  • and much more

This type of search will cost you though. However, it's well worth it if you're trying to ensure the security of your mark. Failure to conduct this crucial search can lead to the rejection or even the revocation of your mark. This can cost time, money, and even hard-earned brand image.

3. Trademark revival

This is separate from trademark renewal (which I'll elaborate on after this). Trademark revival services are for when you fail to either respond to an Office Action or submit a Statement of Use before the filing deadline.

This leads to the abandonment of your application. 

But don't worry, all hope isn't lost. You can file a Petition to Revive within two months of the mailing of the abandonment.

Of course, doing so with the aid of an experienced trademark attorney can be a great help, and we can also help you see your application from start to finish.

4. Trademark renewal

Federal trademarks have to be renewed with the United States Patent and Trademark Office (USPTO). Failure to renew your trademark will result in its removal from the trademark registry.

Did you know? Without renewal, registered trademarks only remain protected for ten years. 

Law firms, particularly licensed trademark attorneys, can assist you with this, ensuring everything is correct during the process.

5. Trademark brand monitoring

Trademark infringement can be incredibly costly for businesses. This is for several reasons. Not only can you lose customers to fraudulent or similar branding, but it may even cause damage to your reputation.

This is especially true if the infringing party has lower-quality products or services than your business (which may often be the case).

Trademark monitoring helps prevent these problems. We'll watch your trademark for infringement and inform you if there are any infringers of your trademark.

If this is an expense that's in your budget, we recommend taking this up. As a firm, we've had to deal with many trademark infringement cases, and let me tell you, the impact can be extensive.

6. Trademark defense

Now, should the worst happen: either you accidentally infringe on someone's registered trademark or someone infringes on yours, we've got you covered.

 For this part, I can't imagine acting as your own lawyer would be a very good idea.

We've all seen enough about the issues of self-representation. And although you can create your own cease-and-desist letter, getting professional counsel is still wiser.

Cease and desist letters are letters sent to an infringing business requesting they cease using the problematic mark.

For opposition defense, you'll want intellectual property counsel who can advise you on approaching the issue to get the desired result. The same applies to litigation defense.

7. Trademark ownership transfer

This is also referred to as an assignment
To complete this transfer you need to craft and complete an assignment agreement between the relevant parties. This must be filed with the USPTO.

Of course, we can do this for you too. 

Don't be a hero: Let your trademark attorney wear the cape.

You don't need to do everything, and when it comes to legal affairs, you definitely want to avoid mistakes. Trademark attorneys are well-versed in trademark law and can approach your federal registration or other trademark services with years of background knowledge and education.

Sometimes, the most heroic thing you can do is pass the cape to someone else.

Ever heard of Trademark Insurance? We wrote about it on our blog — check it out!


FAQs

How much should it cost to trademark something?

The cost of trademarking something varies depending on the number of classes registered for, among other factors. Our trademark fees start at $99.

Can someone steal my trademark?

Someone can use your trademark without your permission and, therefore, would be infringing on your trademark. In that case, sending them a cease and desist letter would be the best course of action.

Can someone sue me for my trademark?

If the mark you're using is substantially similar to their own, they may be able to build a case against you and request that you not only stop using the mark but also pay them damages.

How long does a trademark last?

A trademark lasts ten years from registration, after which it has to be renewed.

What are you not allowed to trademark?

You can't trademark words considered generic, such as "ice cream" for an ice cream store or "ladders" for a shop that sells ladders. 

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Joshua J. Brouard brings a rich and varied background to his writing endeavors. With a bachelor of commerce degree and a major in law, he possesses an affinity for tackling business-related challenges. His first writing position at a startup proved instrumental in cultivating his robust business acumen, given his integral role in steering the company's expansion. Complementing this is his extensive track record of producing content across diverse domains for various digital marketing agencies.